No-fault liability for defective products was introduced into English law nearly 20 years ago. The Consumer Protection Act 1987 implemented European Directive 85/374. It was thought at the time that it would herald a deluge of consumer-led claims and a number of industry sectors – particularly pharmaceuticals – had serious concerns about the likelihood of claims even where the safety of medicines, for example, is strictly regulated by sector-specific mechanisms.
It is, therefore, something of a surprise to note that the level and intensity of claims under the 1987 provisions have been extraordinarily low.
